PRADEEP NANDRAJOG, J.

1. We are called upon to decide the validity of the deliberations at the Departmental Promotion Committee held on 3.7.2009 and 14.9.2009 wherein petitioner?s candidature for the post of Special Secretary (RAW) was considered along with other eligible candidates; it is apparent that the petitioner was declared unfit for promotion. This is the reason why we are being troubled.

2. The journey which has to be covered by us passed by an office memorandum dated 3.6.2008. It may be noted that pertaining to the said office memorandum the debate is on the point: Whether the office memorandum introduces a benchmark only for „in-situ? promotions and not „regular promotions? qua regular vacancies.

3. As a matter of fact, it may be noted that neither party is at variance on the point that at the meetings held by the two DPCs, petitioner?s candidature was considered against regular vacancies to the post of Special Secretary and not for „in-situ’ promotion.

4. Since not only the caption of the office memorandum under the heading „Subject? but even certain words and phrases thereof was picked upon by rival counsel, it would be necessary to note the contents of the office memorandum. It reads as under:-

“ORDER Subject: Scheme for introduction of in-situ promotions at the level of Joint Secretary, Additional Secretary and Special Secretary in the Research and Analysis Wing. Pursuant to the approval of the Cabinet Committee on Security, in the meeting held on 22.05.2008, as conveyed vide Cabinet Secretariat (Main) Note No.CCS/10/2008 (I) dated 30/05/2008, the Government has approved that the promotions in Class-I Executive cadre of R & AW, in the rank of Joint Secretary, Additional Secretary and Special Secretary will be effected as per the following procedure:-

(a) Promotion of eligible RAS officers and permanently seconded officers, (on deputation from All India Services/Group „A? Central Services) to the next higher grades be taken up together, batch wise with stricter norms of promotion, as laid down in Annexure „A? to this order.

(b) Officers of the same batch in both RAS stream and deputation stream, who are assessed as „fit? for promotion, by the DPC, be promoted together against the available vacant posts in their respective quotas.

(c) In cases where regular vacancies are not available either in the RAS quota or in the deputation quota to promote eligible RAS and permanently seconded officers, to the rank of Joint Secretary and above, as per the prescribed qualifying service laid down in Schedule I of R & AW (RC&S) Rules, 1975 and the officers of the same batch in the IB are considered for promotion, requisite number of temporary posts in the higher grades shall be created by upgradation of lower grade posts (in their respective quota) to promote RAS and permanently seconded officers who are assessed „fit? for promotion. However, at no stage, the total numbers of posts held by RAS officers or officers on permanent secondment/deputation shall exceed the total number of sanctioned posts, in their respective quota, in the Class-I Executive cadre.

2. Necessary follow up action to amend the Recruitment Rules, to incorporate the above scheme may be taken.”

5. The norms referred to in para (a) of the office memorandum as per Annexure A are relevant and may be noted. They read as under:-

“NORMS FOR ASSESSMENT OF OFFICERS FOR PROMOTION TO THE LEVEL OF JOINT SECRETARY AND ABOVE IN R & AW.

1. Officers eligible for promotion, with prescribed residency period, would be assessed on the basis of their records of service, with particular reference to their last ten years ACRs.

2. Each annual ACR for last ten years would carry a maximum of 05 marks and the allotment of marks would be on the following basis:-

Outstanding - 5 Very Good - 4

Good - 3

3. Officers in the zone of consideration, obtaining minimum of 44 marks out of 50 in respect of last ten years ACRs, would be assessed as „fit? for promotion. This means that the benchmark

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